OC DUI and Criminal Defense Answers

Saturday, February 2, 2013

DUI and Hit-And-Run Don’t Have To Lead To Time In Jail

Although the potential penalties for a simple first-offense DUI are fairly severe—possible six months of jail time. A “standard first-offense DUI” will typically not result in any jail time actually imposed. However, a drunk driver involved in an accident who leaves the scene of that accident can usually expect to be sentenced to a fair amount of time in jail. However, if your DUI Attorneys in Orange Countyis creative enough to find an issue to litigate, you may be able to avoid going to jail.

The following actual case result from our law firm is an example: In People v. Chad P. Chad was driving home after a night of drinking. While in his neighborhood, he drove into the rear of a parked car causing serious damage. He got out, looked at the damage, and then drove away from the scene without leaving his information. Several witnesses saw and heard Chad’s vehicle hit the parked car. The witnesses called 911 with Chad's license plate number as well as a description of Chad.

The police ran Chad’s license plate number, got his address, and responded to his apartment. When they arrived, they saw Chad outside of his apartment building. When they commanded him to stop he ran around back and climbed up to his back balcony. He hid in his apartment. The police broke the front door down and arrested Chad inside. His blood-alcohol was 0.16%

During pretrial negotiations Mr. Stopyro pointed out that the collision occurred close to Chad's home, that Chad knew the owner of the damaged vehicle, and contended that Chad did intend to return in the morning and exchange information. Mr. Stopyro also relied on Chad's otherwise clean record and his status as a full-time worker to convince the District Attorney to dismiss the Hit & Run, not charge Chad with resisting arrest, and make a no-jail, probation-only offer for the DUI. (Department H-2 of the Harbor Justice Center

Law Offices of EJ Stopyro

Wednesday, January 30, 2013

DUI Reduced To Reckless Driving (Wet Reckless)

Having a DUIon your record can be a real detriment when it comes to finding a new job or getting car insurance. And if you already have one or more DUI’s on your record, and you are facing charges for another DUI charge in Orange County, a “wet reckless” can mean the difference between doing months of jail time or doing no jail at all.

DUI Attorneys in Orange County know the importance of the wet reckless plea. The following is an actual case result achieved by the Law Offices of EJ Stopyro and demonstrates the typical dynamic for getting the wet reckless deal. In People v. Roberto C., Roberto was stopped by the CHP for driving in excess of 90 miles per hour on the freeway while passing other cars. He failed his field sobriety tests and submitted to a breath test with two results of .08%. After being arrested, Roberto chose to take a bloodtest with a result of a .09% blood-alcohol content.

During negotiations with the District Attorney, during a series of “pretrial conferences”, Mr. Stopyro posited that the difference between the earlier breath test and the later blood test showed that Roberto’s blood-alcohol level was rising at the time he was pulled over. Therefore, by extrapolating backwards to the time of actual driving, Roberto's blood-alcohol may actually have been below the legal limit at the time of driving. Mr. Stopyro told the district attorney that he would proceed to trial on this rising defense.

Rather than go to trial, the prosecutor agreed to dismiss the DUI charge in exchange for Roberto’s plea to reckless driving.

If charges are pending against you for a DUI in Orange County and would like to know your options, call the Law Offices of EJ Stopyro at (949) 559-5500 to consult with an Orange County DUI lawyer today. The consultation is free and confidential. Or visit our website at www.EJEsquire.com

Law Offices of EJ Stopyro

Thursday, January 24, 2013

DUI Drugs And The Mandatory 90-Day Jail Sentence

DUI Attorneys in Orange County know that Health and Safety Code (H&S Code) Section 11550 makes it a crime to merely be under the influence of an illegal drug. The minimum penalty is a mandatory 90 days in the Orange County jail. If you are also driving a car while under the influence of an illegal drug, then you may also be charged with a DUI, which carries the possibility of even more jail time. (usually, six months to a year). Although a first-offense DUI typically does not get punished with any actual jail time, if you are also charged with H&S Code 11550, then you face a mandatory 90-day jail stay.

The following actual case result obtained by Orange County DUI Attorney EJ Stopyro illustrates how this mandatory jail time can be avoided. In People v. Jeff L., a civilian witness called the police and reported a possible drunk driver. The police responded to the call, located Jeff’s vehicle, and followed Him. The police saw him swerve in and out of his lane and make some poor turns. The police lawfully stopped Jeff for the traffic violations. Jeff agreed to take field sobriety tests and failed them all. He admitted to being under the influence of methamphetamine. Jeff was arrested and a blood test confirmed the presence of methamphetamine.

Jeff was charged with Driving Under the Influence of Drugs (DUI) and for Being Under the Influence of Drugs. The second charge exposed him to a mandatory 90-day jail sentence. The DA offered Jeff 90 days of jail time if he would plead guilty to both charges. Since DUI drug cases are generally harder to prove than alcohol cases, Mr. Stopyro suggested that Jeff proceed to trial. At the last minute, the District Attorney agreed to dismiss the charge of H&S Code 11550 (being under the influence of drugs) and made a no-jail offer for the first-offense DUI . (North Justice Center)

Law Offices of EJ Stopyro

Thursday, January 17, 2013

Charge Of First-Offense DUI Dismissed

DUI Attorneys in Orange County

The following actual case result achieved by Orange County DUI Attorney EJ Stopyro shows how a charge of DUI in Orange County can get dismissed.

The Orange County Sheriff’s Department was called to check on a motorist who was slumped over the steering wheel of a parked car. When deputies arrived they found the client’s car parked on the street, parked at an angle to the curb so the back end stuck out. They found our client asleep in the driver’s seat of her car, which was parked a few houses away from her home. The police woke her up and found her to be disoriented and to smell strongly of alcohol. Her speech was heavily slurred and she said she was “going home”. She refused to take a blood or breath test and was charged with a DUI and with a refusal.

Our client contended that she drank at home and went to sit in her car over an hour before the police arrived. Mr. Stopyro conducted a thorough investigation of the scene and eventually discovered an independent witness who had driven through the neighborhood more than an hour before the police arrived and remembered seeing our client asleep in her car. When Mr. Stopyro presented the witness to the District Attorney, the DA dismissed all charges against our client. (Department H-2 of the Harbor Justice Center)

Law Offices of EJ Stopyro

DUI Attorneys in Orange County

Thursday, January 10, 2013

Anatomy Of A “Wet Reckless”

The following actual case result achieved by Orange County DUI Lawyer EJ Stopyro exemplifies how a DUI charge gets reduced to a wet reckless. Here’s what happened:

While driving on the 405 freeway, Deborah was pulled over by the CHP. The officer said he paced her on his speedometer exceeding the speed limit by a few miles per hour. The officer reported the usual signs of intoxication; a strong odor of alcohol coming from Deborah, red eyes, slurred speech, and poor balance. Deborah failed her field sobriety tests and had a blood-alcohol of 0.15 percent. (About twice the legal limit.)

Mr. Stopyro contested the legality of the initial stop. He filed a suppression motion requesting that all the evidence be thrown out. This motion forced the District Attorney to present competent evidence in court showing that the speedometer of the patrol car used to “pace” Deborah had been properly calibrated to ensure its accuracy. The DA agreed to reduce the charges against Deborah to a single count of reckless driving if Mr. Stopyro withdrew the suppression motion. (Department H-13 of the Harbor Justice Center)

If you are facing charges for DUI in Orange County and would like to know if you could get your charges reduced or dismissed call the Law Offices of EJ Stopyro at (949) 559-5500 to consult with an Orange County DUI lawyer today. The consultation is free and confidential. Or visit our website at www.EJEsquire.com.

Law Offices of EJ Stopyro